David Chung

David Chung is a partner in Crowell & Moring's Environment & Natural Resources Group. His practice focuses on litigation and regulatory counseling involving natural resources development and environmental issues. David has experience with matters concerning various environmental and public lands statutes, including the Clean Water Act, Clean Air Act, National Environmental Policy Act (NEPA), Surface Mining Control and Reclamation Act, Federal Land Policy and Management Act, and National Forest Management Act.

Current representative matters include:

Representing a national trade association in developing extensive legal and technical comments on Clean Air Act new source performance standards and in D.C. Circuit litigation challenging the final standards.

Prior noteworthy engagements include:

Preparing Ninth Circuit and Sixth Circuit amicus briefs on behalf of coalitions of trade associations regarding the applicability of the Clean Water Act to discharges to navigable waters via groundwater.

Defending a Clean Water Act citizen suit brought against the boards of supervisors of three counties as trustees for several drainage districts.

Litigation for several national and state trade associations against EPA challenging numeric nutrient water quality criteria for Florida's lakes and flowing waters as contrary to the Administrative Procedure Act (APA) and Clean Water Act.

Litigation for several national trade associations in federal district court and the Third Circuit against EPA challenging the Chesapeake Bay Total Maximum Daily Load as contrary to the APA and Clean Water Act.

Representing dozens of national and state trade associations in litigation challenging EPA's denial of a petition for rulemaking to establish numeric nutrient water quality criteria in all fifty states.

Defending an electric utility owner in federal district court and the Third Circuit in a Clean Air Act civil enforcement action brought by EPA and several states for alleged New Source Review and Title V violations.

Litigation for a mining company in federal district court and the Ninth Circuit against EPA challenging the Agency's novel exercise of its Section 404(c) veto authority.

Litigation for a national trade association in numerous D.C. Circuit challenges to EPA rulemakings implementing the Renewable Fuel Standard program.

Litigation for a Fortune 100 company in the D.C. Circuit against EPA challenging several decisions under Title VI of the Clean Air Act.

Defending a coal company in a Clean Water Act citizen suit related to coal loading operations.

Litigation for the National Mining Association against EPA and the Army Corps of Engineers in federal district court and the D.C. Circuit challenging a series of agency actions as contrary to the APA, Clean Water Act, NEPA, and Surface Mining Control and Reclamation Act.

Representing an oil and gas company in federal district court and Tenth Circuit litigation under the Secretary of Agriculture's 2001 Roadless Area Conservation Rule and NEPA arising out of a pipeline project on National Forest System and private lands.

David recently served for two years as a co-chair of the ABA Section of Environment, Energy, and Resources (SEER) Water Quality and Wetlands Committee. Before that, he served as vice chair (Electronic Communications & Social Media) and as vice chair (Committee Liaison to Annual Water Law Conference) of the ABA SEER Water Quality and Wetlands Committee.

During the first half of 2009, David served as a special assistant attorney general with the District of Columbia Office of the Attorney General. In that capacity, David prepared dispositive motions, handled discovery, and negotiated settlements in numerous civil litigation matters. He also obtained jury trial experience in the Superior Court of the District of Columbia.

David graduated from the University of Texas at Austin in 2002, where he earned a B.A. from the Plan II Honors Program. He earned his law degree at the George Washington University Law School in 2005, graduating with honors. While in law school, David served as the senior notes editor of the Public Contract Law Journal. In 2005, he co-chaired and co-authored the competition problem for the McKenna Long & Aldridge "Gilbert A. Cuneo" Government Contracts Moot Court Competition.

Affiliations

Admitted to practice: District of Columbia; Maryland; Supreme Court of the United States; U.S. Courts of Appeals for the District of Columbia, Fourth, Ninth, Tenth, and Eleventh Circuits; U.S. District Courts for the District of Columbia and Northern District of Florida.

Professional Memberships

American Bar Association, Section on Environment, Energy & Resources

Rocky Mountain Mineral Law Foundation

Energy & Mineral Law Foundation

Highlights, News & Knowledge

Speeches & Presentations

"The Next Battlegrounds: How the Composition of the Federal Courts Will Shape the Future of Environmental, Energy and Resources Law," ABA Section of Environment, Energy, and Resources’ 48th Spring Conference, Denver, CO
(March 29, 2019).
Panelist: David Chung.

"The Clean Water Act: Water Quality, Water Resources, and Wetlands Under the Microscope," ALI CLE/ELI Environmental Law 2019, Washington, DC
(February 8, 2019).
Panelist: David Chung.

"Emerging Issues Regarding Nutrient Regulations Under the Clean Water Act," ABA Webinar, Co-Sponsored by Section of Environment, Energy, and Resources, Section of State and Local Government Law, Section of Science & Technology Law, and Center for Professional Development
(June 19, 2014).
Panelist: David Chung.

"Update on Clean Water Act Nutrient Litigation," National Corn Growers Association, Production and Stewardship Action Team Meeting
(July 17, 2012).
Presenter: David Chung.

"'Fishable, Swimmable' National Policy Exemplar? The Future of the Chesapeake Bay and Clean Water Act Water Quality Regulations," American Bar Association 40th Annual National Spring Conference on the Environment: Reframing the Conversation: Examining the Tension Between Environmental Regulation, Job Growth and the Economy
(June 1, 2012).
Panelist: David Chung.

"Federal District Court Rules Citizens' Wilderness Inventory is Not Significant New Information," The Rocky Mountain Landman
(November 2007).
Co-Authors: David Chung and William Sparks.

"On the Air in Three, Two, One…Witness Examination by Videoconference in International Arbitration," 59 Int'l Law Section e-brief/State Bar of Cal.
(December 2006).
Co-Authors: David Chung and Anibal Sabater.